Michael Stark v. Michael Astrue

MEMORANDUM

The ALJ’s assessment of Michael Thomas Stark’s residual functional capacity was sufficient under Social Security Ruling 96-8p because the Administrative Law Judge (“ALJ”) addressed and considered the opinions of each of Stark’s examining and treating physicians, described the exertional and nonexertional limitations diagnosed by each, and explained that every physician’s opinion was consistent with light-level work. See SSR 96-8p. Moreover, even assuming that the ALJ erred in failing to make more specific factual findings as to Stark’s nonexertional limitations, that error was harmless because each limitation diagnosed by a physician or described by Stark was included in the ALJ’s hypothetical questions to the vocational expert (“VE”), and in response to each of the hypothetical questions, the VE stated that jobs existing in substantial numbers in the economy could be performed by a person with such limitations. Cf. 20 C.F.R. § 404.1560 (c); Tackett v. Apfel, 180 F.3d 1094, 1101 (9th Cir.1999).

At his hearing, Stark did not raise the argument that the ALJ had failed to discharge his “affirmative responsibility” to “obtain a reasonable explanation for any apparent…